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'Magistrates Should Not Curtail Personal Liberty In A Casual Manner' : Justice Deepak Gupta | Full Text Of Interview
Former Supreme Court judge Justice Deepak Gupta, in an interview with Manu Sebastian, Managing Editor of LiveLaw, shared his opinion about the case against fact-checker Mohammed Zubair and expressed concern about the worrying trend of Courts denying bail without proper examination. He stated that many judges are scared to grant bail due to fear of public opinion and added that judicial...
Allahabad HC Refuses To Quash Case Against Govt, Madrasa Teachers Allegedly Found With Cow Meat, 16 Live Cattle Stock
The Allahabad High Court on Monday refused to quash the criminal case against a government teacher and a madrasa teacher from whose possession cow meat (beef) and 16 live cattle were recovered.The Bench Justice Rohit Ranjan Agarwal observed that the First Information Report (FIR) that prima facie cognizable offence is made out against the applicants and thus, no case was made out to quash...
Several Blocking Orders Of MeiTY Arbitrary & Disproportionate, Some Pertain To Political Content : Twitter Inc Tells Karnataka High Court
The petition filed by Twitter Inc says that several blocking orders issued by the Ministry of Electronics and Information Technology (MeiTY) under Section 69A of the Information Technology Act are "procedurally and substantially deficient of the provision" and "demonstrate excessive use of powers and are disproportionate". The petition which was filed on Tuesday says that in June, the...
Limitation Period Is Not Applicable On Personal Ledger Account: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the limitation period is not applicable on personal ledger accounts (PLA). The bench of Ramesh Nair (Judicial Member) has observed that in the case of PLA balance, it is not deposited as a duty but it is deposited as an advance towards the duty. The PLA amount takes the colour of...
Delhi High Court Expresses Concern Over "Disturbing Trend" Of Subordinate Courts Entertaining Bail Applications Despite Pendency Before Higher Courts
Calling it a "disturbing trend", the Delhi High Court has expressed concern over the practice of Trial Courts in entertaining the bail applications despite the pendency of the same before the higher courts.Justice Anoop Kumar Mendiratta also noted that at times, the orders are mechanically passed without any substantial change of circumstances and in complete disregard to the observations or...
POCSO Act | Punjab & Haryana HC Grants Bail To Man Booked On Allegations By Wife Regarding Incident That Took Place When She Was Minor
The Punjab and Haryana High Court recently granted regular bail to a man booked under the POCSO Act after the complainant, his wife, accused him of penetrative sexual assault in an incident that allegedly took place prior to their marriage, when she was still a minor.The bench comprising Justice Vikas Bahl observed that no date of the alleged incident has been mentioned in the FIR and it...
Disciplinary Proceedings Continuing Ad Infinitum Would Be Destructive Of Rule Of Law: Delhi High Court Grants Relief To CBIC Officer
The Delhi High Court has observed that allowing Disciplinary Proceedings to continue ad infinitum would not only be highly prejudicial to an individual but is also destructive of the Rule of Law. A division bench comprising of Justice Siddharth Mridul and Justice Anoop Kumar Mendiratta was dealing with cross petitions filed by one Anish Gupta against the Union of India. Gupta was serving...
Merely Because S.482 CrPC Does Not Prescribe Limitation Period Does Not Mean Parties Can Approach Court With Inordinate Delay: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court today held that a party cannot approach the High Court under Section 482 of the CrPC at his whim and caprice merely because no period of limitation in filing the petition under the aforesaid provision is provided. A petition under Section 482 of the CrPC must be filed within a reasonable time and it should not be vitiated by inordinate delay...
Former Haryana CM Om Prakash Chautala Moves Delhi High Court Challenging Conviction, 4 Yrs Sentence In Disproportionate Assets Case
Former Chief Minister of Haryana, Om Prakash Chautala, has moved the Delhi High Court challenging a Trial Court order which had convicted and sentenced him to 4 years imprisonment in connection with a disproportionate assets case.On May 27 this year, Special Judge (PC Act) Vikas Dhull had convicted Chautala for the offence under Section 13(1)(e) of the Prevention of Corruption Act, 1988....
NDPS Act | Punjab & Haryana High Court Grants Bail To First-Time Offender In Case Involving Over 2 Kg Ganja
The Punjab and Haryana High Court has recently granted regular bail to the accused in NDPS matter from whom contraband weighing more than 2 kgs was recovered, on the ground that he is a first time offender who has already been in custody for around six months and should be provided with an opportunity to course-correct his conduct. The petitioner is a first offender, and one...
Gauhati High Court Sets Aside Life Sentence Of Man Who Killed Wife While Suffering From 'Unsoundness Of Mind'
The Gauhati High Court has recently set aside the life sentence awarded to a man who had killed his own wife after the Court found that at the time of the occurrence, he was suffering from 'mental unsoundness', which was of such a degree that he was unable to understand the consequences of his actions.With this, the Bench of Justice Suman Shyam and Justice Malasri Nandi acquitted one...